99% of all DUI defendants are first time offenders faced with a charge that could destroy their life.

People arrested and charged with a DUI in Vermont are subject to harsh prosecution by Vermont state attorneys. Even if you have never committed a crime, a DUI as a first offense can have serious consequences, least among them the stigma that goes along with having been convicted of DUI. Given that you can lose your license, be subjected to large fines, court costs and mandatory driver education classes, and even jail time, a DUI has the potential to change your life.

In addition to court fees and possible jail time, a DUI conviction will substantially increase your auto insurance premiums for years. Jordan Handy Esq. of Handy Law is always ready and fully prepared to assist you with a customized defense that will lead you to the best possible result.

In Vermont, the State Attorneys is required to show that you were operating a motor vehicle in a town highway or road and that you were intoxicated at the time you were operating your vehicle. Additionally, in Vermont you can be charged with a DUI even if your blood alcohol level is below .08, so long as the state can prove that you were impaired to the slightest degree.

Handy Law has the experience, knowledge and resources to help find the best possible resolution based on your facts. We dissect each case and look at all the fine details to make sure that you rights were not violated and to insure the officer followed all the correct procedures. Handy Law takes the time to understand our clients needs and concerns. With that information we create a customized defense.

Criminal Penalties

First Offense: When you are charged with a DUI, depending on if it is your first offense or greater, there are maximum penalties that are specified within 23 V.S.A. 1201, which indicates that a first offense could result in “a fine of not more than $750, or imprisoned not more than two years, or both.”

Second Offense: A second offense could result in “a fine of not more than $1,500, or imprisoned not more than two years, or both. At least 200 hours of community service shall be performed, or 60 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to sentence if the program is successfully completed.” 23 VSA § 1210 (b)

A second offense could result in a “fine of not more than $2,500, or imprisoned not more than five years, or both. At least 96 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to sentence if the program is successfully completed. The court may impose a sentence that does not include a term of imprisonment or that does not require that the 96 hours of imprisonment be served consecutively only if the court makes written findings on the record that such a sentence will serve the interests of justice and public safety.” 23 VSA § 1210 (c)

Fourth or Subsequent Offense: A fine of not more than $5,000, or imprisoned not more than ten years, or both. At least 192 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol treatment facility pursuant to sentence if the program is successfully completed. The court shall not impose a sentence that does not include a term of imprisonment unless the court makes written findings on the record that there are compelling reasons why such a sentence will serve the interests of justice and public safety.

Additional enhanced penalties may also be charged if your BAC is greater than 0.16, injury or death results from an accident involving DUI, or if you have minor children in the car at the time of the offense.

Every case is unique and you should seek legal advice prior to making any statements to the police or accepting any plea offers from the state’s attorney’s office.

Civil Penalties

When you are charged with a DUI in Vermont and you either refused to submit to a Datamaster test/Blood Test or if your blood Alcohol Concentration is higher than a .08, you receive a civil violation. The arresting officer will provide you with a form called a Notice of Intent to Suspend Drivers License. You will be required to fill that form out and mail into the Department of Motor Vehicles prior to the date that is provided.

Failure to submit this form to the DMV will result a in a waiver to a hearing and your license will suspend. The length of the suspension will be determined on how many DUI you have had in the past and whether or not you refuse to submit to the Datatmaster or blood test.